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Full text of "Mandate for Palestine"



AGUE OF NATIONS. 



MANDATE FOR PALESTINE, 



TOGETHER WITH A 



NOTE BY THE SECRETARY - GENERAL 
RELATING TO ITS APPLICATION 



TO THK 



TERRITORY KNOWN AS TRANS-JORDAN. 



under tlie provisions of Article 25. 



Presented (o Parlinment hy Command of His Mdjcsft/, 
Deceodjcr, 1922. 




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MANDATE FOR PALESTINE, together with a 
Note by the Secretary-General relating to its 
application to the Territory known as Trans- 
Jordan, under the provisions of Article 25. 



MANDATE FOR PALESTINE, 



The Council of the League of Nations : 

Whereas the Principal Allied Powers have agreed, for the purpose 
of giving effect to the provisions of Article 22 of the Covenant of the 
League of Nations, to entrust to a Mandatory selected by the said 
Powers the administration of the territory of Palestine, which formerly 
belonged to the Turkish Empire, within such boundaries as may be 
fixed by them ; and 

Whereas the Principal Allied Powers have also agreed that the 
Mandatory should be responsible for putting into effect the declaration 
originally made on November 2nd, 1917, by the Government of His 
Britannic Majesty, and adopted by the said Powers, in favour of the 
establishment in Palestine of a national home for the Jewish people, 
it being clearly understood that nothing should be done which might 
prejudice the civil and religious rights of existing non- Jewish com- 
munities in Palestine, or the rights and political status enjoyed by 
Jews in any other country ; and 

MTiereas recognition has thereby been given to the liistorical con- 
nection of the Jewish people with Palestine and to the grounds for 
reconstituting their national home in that country ; and 

A\Tiereas the Principal Allied Powers have selected His Britannic 
Majesty as the Mandator}^ for Palestine ; and 

Whereas the mandate in respect of Palestine has been formulated 
in the following terms and submitted to the Council of the League for 
approval ; and 

Wliereas His Britannic Majesty has accepted the mandate in 
respect of Palestine and undertaken to exercise it on behalf of the 
League of Nations in conformity with the following provisions ; and 

Whereas by the afore-mentioned Article 22 (paragraph 8), it is 
provided that the degree of authority, control or administration to be 
exercised by the Mandatory, not having been previously agreed upon 
by the Members of the League, shall be exphcitly defined by the Council 
of the League of Nations ; 

Confirming the said mandate, defines its terms as follows : 

Article 1. 

The Mandatory sliall have full powers of legislation and of admini- 
stration, save as they may ])e limited by the terms of this mandate. 



Article 2. 

The Mandatory shall be responsible for placing the country under 
such pohtical, administrative and economic conditions as will secure 
the establishment of the Jewish national home, as laid down in the 
preamble, and the development of self-governing institutions, and also 
for safeguarding the civil and religious rights of all the inhabitants of 
Palestine, irrespective of race ami religion. 

Article 3. 

The Mandatory shall, so far as circumstances permit, encourage 
local autonomy. 

Article 4. 

An appropriate Jewish agency shall be recognised as a public body 
for the purpose of advising and co-operating with the Administration 
of Palestine in such economic, social and other matters as may affect 
the establishment of the Jewish national home and the interests of the 
Jewish population in Palestine, and, subject always to the control of 
the Administration, to assist and take part in the devoloijinont of the 
country. 

The Zionist organisation, so U^ng as its organisation and constitu- 
tion are in the opinion of the Mandatory appropriate, shall be recognised 
as such agency. It shall take steps in consultation with His Britannic 
Majesty's Government to secure the co-o))eration of all Jews who are 
willing to assist in the establishment of the Jewish national home. 

Article 5. 

The Mandat4)ry shall be responsible for seeing that no Palestine 
territory pliall be ceded or leasetl to, or in any way placed under the 
control of, the Government of any foreign Power. 

Article 6. 

The Administration of J\ile.stine, while ensuring that the rights ami 
position of other sections of the population are not prejudicetl, shall 
facilitate Jewish imniigrati(»n umler suitable conditions and shall 
encourage, in co-operation with the Jcwisji agency referred t« in 
Article 4, clo.se settlement by Jews on the land, including State lands 
and waste lands not required for public puri)oses. 

Article 7. 

The Administration ot I'alcstino siiall bt- rr>|Hiii>iblt' foi »ii;iriiiig 
a nationalitv law. There shall Ije included in this law |)rovisions 
framed so as to facilitate the ac(]uisition of Palestinian citizenship bv 
Jews who take up their p«'rmancnt residence in Palestine. 

Article S. 
The privilege- and iiiiiiiuniti»'s of foreigners, including the b.-nolil-s 
of consular jurisdiction and protection as formerly enj<tye<l by Capitu- 
lation or usage in the Ottoman Enjpire, shall not be a]>plical»h' in 
Palestine. 

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tJnless the Powers whose nationals enjoyed the afore -mentioned 
privileges and immunities on August 1st, 1914, shall have previously 
renounced the right to their re-estabhshment, or shall have agreed to 
their non-application for a specified period, these privileges and 
immunities shall, at the expiration of the mandate, be immediately 
re-established in their entirety or with such modifications as may have 
been agreed upon between the Powers concerned. 

Article 9. 

The Mandatory shall be responsible for seeing that the judicial 
system established in Palestine shall assure to foreigners, as well as to 
natives, a complete guarantee of their rights. 

Eespect for the personal status of the various peoples and com- 
munities and for their religious interests shall be fully guaranteed. In 
particular, the control and administration of Wakfs shall be exercised 
in accordance with religious law and the dispositions of the founders. 

Article 10. 
Pending the making of special extradition agreements relating to 
Palestine, the extradition treaties in force between the Mandatory and 
other foreign Powers shall apply to Palestine. 

Article 11. 

The Administration of Palestine shall take all necessary measures 
to safeguard the interests of the community in connection with the 
development of the country, and, subject to any international obliga- 
tions accepted by the Mandatory, shall have full power to provide for 
public ownership or control of any of the natural resources of the 
country or of the public works, services and utilities established or to 
be estabhshed therein. It shall introduce a land system appropriate 
to the needs of the country, having regard, among other tilings, to the 
desirability of promoting the close settlement and intensive cultivation 
of the land. 

The Administration may arrange with the Jewish agency mentioned 
in Article 4 to construct or operate, upon fair and equitable terms, 
any pubhc works, services and utilities, and to develop any of the 
natural resources of the country, in so far as these matters are not 
directly undertaken by the Administration. Any such arrangements 
shall provide that no profits distributed by such agency, directly or 
indirectly, shall exceed a reasonable rate of interest on the capital, 
and any further profits shall be utilised by it for the benefit of the 
country in a manner approved by the Administration. 

Article 12. 

The Mandatory shall be entrusted with the control of the foreign 
relations of Palestine and the right to issue exequaturs to consuls 
appointed by foreign Powers. He shall also be entitled to afford 
diplomatic and consular protection to citizens of Palestine when 
outside its territorial limits. 



Article 13. 

All responsibility iu connection with the Holy Places and religious 
buildings or sites in Palestine, including that of preserving existing 
rights and of securing free access to the Holy Places, religious buildings 
and sites and the free exercise of worship, while ensuring the require- 
ments of public order and decorum, is assumed by the Mandatory, 
who shall be responsible solely to the League of Nations in all matters 
comiected herewith, provided that nothing in this article shall prevent 
the Mandatory from entering into such arrangements as he may deem 
reasonable with the Administration for the purpose of carrjdng the 
pro\asions of this article into effect ; and proAdded also that nothing 
in this mandate shall be constnied as conferring upon the Mandatoiy 
authority to interfere with the fabric or the management of purely 
Moslem sacred shrines, the immunities of which are guaranteed. 

Article 14. 

A special Commission shall be appointed by the Mandatory to 
study, define and determine the rights and claims in connection with 
the Holy Places and the rights and claims relating to the different 
rehgious communities in Palestine. The method of nomination, the 
composition and the functions of this Commission shall be submitted 
to the Council of the League for its approval, and the Commission 
shall not be appointed or enter upon its functions without the a])proval 
of the Council. 

Article 15. 

The Mandatory shall see that complete freedom of conscience and 
the free exercise of all forms of worship, subject only to the main- 
tenance of pubUc order and morals, are ensured to all. Xo discrimina- 
tion of any kind shall be made between the inhabitants of Palestine 
on the ground of race, religion or language. No person shall be 
excluded from Palestine on the sole ground of his religious belief. 

The right of each community to maintain its own schools for 
the education of its own members in its own language, while con- 
forming to such educational lecpiirements of a general nature as the 
Administration may impose, shall not be denied or impaired. 

Article 16. 

The Mandatory shall be responsible for exercising such supervision 
over religious or eleemosynary bodies of all faiths in Palestine as nuiy 
be required for the maintenance of ))ublic order and good govornmenl. 
Subject to such supervision, no measures shall be taken in Palestine 
to obstruct or interfere with the enterprise of such bodies or to 
discriminate against any representative oi- nifinbcr of tlicm on the 
ground of his religion or nationality. 

Article. 17. 

The Administration of Palestine may organise on a vohmtary baNis 
the forces necessary lor the ])reservation of peace and order, and 



6 

also for tlie tlefence of the country, subject, however, to the super- 
vision of the Mandatory, but shall not use them for purposes other 
than those above specified save with the consent of the Mandatory. 
Except for such purposes, no mihtary, naval or air forces shall be 
raised or maintained by the Administration of Palestine. 

Nothing in this article shall preclude the Administration of Palestine 
from contributing to the cost of the maintenance of the forces of the 
Mandatory in Palestine. 

The Mandatory shall be entitled at all times to use the roads, 
railways and ports of Palestine for the movement of armed forces 
and the carriage of fuel and supplies. 

Article 18. 

The Mandatory shall see that there is no discrimination in Palestine 
against the nationals of any State Member of the League of Nations 
(including companies incorporated under its laws) as compared with 
those of the Mandatory or of any foreign State in matters concerning 
taxation, commerce or navigation, the exercise of industries or pro- 
fessions, or in the treatment of merchant vessels or civil aircraft. 
Similarly, there shall be no discrimination in Palestine against goods 
originating in or destined for any of the said States, and there shall 
be freedom of transit under equitable conditions across the mandated 
area. 

Subject as aforesaid and to the other provisions of this mandate, 
the Administration of Palestine may, on the advice of the Mandatory, 
impose such taxes and customs duties as it may consider necessary, 
and take such steps as it may think best to promote the development 
of the natural resources of the country and to safeguard the interests 
of the population. It may also, on the advice of the Mandatory, 
conclude a special customs agreement with any State the territory 
of which in 1914 was wholly included in Asiatic Turkey or Arabia. 

Article 19. 

The Mandatory shall adhere on behalf of the Administration of 
Palestine to any general international conventions already existing, 
or which may be concluded hereafter with the approval of the League 
of Nations, respecting the slave traffic, the traffic in arms and ammuni- 
tion, or the traffic in drugs, or relating to commercial equahty, freedom 
of transit and navigation, aerial navigation and postal, telegraphic 
and wireless communication or literary, artistic or industrial property. 

Article 20. 

The Mandatory shall co-operate on behalf of the Administration 
of Palestine, so far as religious, social and other conditions may permit, 
in the execution of any common policy adopted by the League of 
Nations for preventing and combating disease,, including diseases of 
plants and animals. 

Article 21. 

The Mandatory shall secure the enactment within twelve months 
from this date, and shall ensure the execution of a Law of Antiquities 



based on the following rules. This law shall ensure equality of treat- 
ment in the matter of excavations and archaeological research to the 
nations of all States Members of the League of Nations. 



(1) 

" Antiquity " means any construction or any product of human 
activity earlier than the year a.d. 1700. 

(2) 

The law for the protection of antiquities shall proceed by encourage- 
ment rather than by threat. 

Any person who, having discovered an antiquity without being 
furnished with the authorisation referred to in paragraph 5, reports the 
same to an official of the competent Department, shall be rewarded 
according to the value of the discovery. 

(3) 

No antiquity may be disposed of except to the competent Depart- 
ment, unless this Department renounces the acquisition of any such 
antiquity. 

No antiquity may leave the country without an export licence from 
the said Department. 

(4) 
Any person who maUciously or negligently destroys or damages an 
antiquity shall be liable to a penalty to be fixed. 

. (5) 

No clearing of ground or digging with the object of finding antiquities 
shall be permitted, under penalty of line, except to persons authoi'ised 
by the competent Department. 

(6) 
Equitable terms shall be fixed for expropriation, temporary or 
permanent, of lands which might be of historical or archteological 
interest. 

(7) 
Authorisation to excavate shall only be granted to j)ersons who 
show sufficient guarantees of archauilogical exj)orieiice. The Admini- 
stration of Palestine shall not, in granting these authorisations, act in 
such a way as to exclude scholars of any nation without good groumls. 

(8) 
The proceeds of excavations may be divided between the excavator 
and the competent Department in a pro})ortion fixed by that Depart- 
ment. If division seems imjwssible for scientific reasons, the «'xcavat()r 
shall receive a fair indemnity in lieu of a part of the find. 



8 

Article 22. 

English, Arabic and Hebrew shall be the official languages o£ 
Palestine. Any statement or inscription in Arabic on stamps or 
money in Palestine shall be repeated in Hebrew, and any statement 
or inscription in Hebrew shall be repeated in Arabic. 

Article 23. 

The Administration of Palestine shall recognise the holy days of the 
respective communities in Palestine as legal days of rest for the members 
of such communities. 

Article 24. 

The Mandatory shall make to the Council of the League of Nations 
an annual report to the satisfaction of the Council as to the measures 
talcen during the year to carry out the provisions of the mandate. 
Copies of all laws and regulations pronuilgated or issued during the 
year shall be communicated with the report. 

Article 25. 

In the territories lying between the Jordan and the eastern boundary 
of Palestine as ultimately determined, the Mandatory shall be entitled, 
with the consent of the Council of the League of Nations, to postpone 
or withhold application of such provisions of this mandate as he may 
consider inapplicable to the existing local conditions, and to make such 
provision for the administration of the territories as he may consider 
suitable to those conditions, provided that no action shall be taken 
which is inconsistent with the provisions of Articles 15, 16 and 18. 

Article 26. 

The Mandatory agrees that, if any dispute whatever should arise 
between the Mandatory and another Member of the League of Nations 
relating to the interpretation or the apphcation of the provisions of 
the mandate, such dispute, if it cannot be settled by negotiation, shall 
be submitted to the Permanent Court of International Justice provided 
for by Article 14 of the Covenant of the League of Nations. 

Article 27. 

The consent of the Council of the League of Nations is required for 
any modification of the terms of this mandate. 

Article 28. 

In the event of the termination of the mandate hereby conferred 
upon the Mandatory, the Council of the League of Nations shall make 
such arrangements as may be deemed necessary for safeguarding in 
perpetuity, under guarantee of the League, the rights secured by 
Articles 13 and 14, and shall use its influence for securing, under the 



'O' 



guarantee of the League, that the Goverimient of Palestine will fully 
honour the financial obhgations legitimately incurred by the Admini- 
stration of Palestine during the period of the mandate, including the 
rights of public servants to pensions or gratuities. 

The present instrument shall be deposited in original in the archives 
of the League of Nations and certified copies shall be forwarded by the 
Secretary-General of the League of Nations to all Members of the 
League. 



Done at London the twenty -fourth day of July, one thousand nine 
hundred and twenty-two. 

Certified true copij : 



For the Secretary-General, 
RAPPARD, 
Director of the MamJates Section. 



10 
NOTE. 



Geneva, 

September 23nZ, 1922. 

AKTICLE 25 OF THE PALESTINE MANDATE. 
Territory known as Trans-Jordan. 

Note by the Secretary-General. 

The Secretary-General has the honour to communicate for the 
information of the Members of the League, a memorandum relating to 
Article 25 of the Palestine Mandate presented by the British Govern- 
ment to the Council of the League on September 16th, 1922. 

The memorandum was approved by the Council subject to the 
decision taken at its meeting in London on July 24th, 1922, with 
regard to the coming into force of the Palestine and Syrian mandates. 



Memorandum by the British Representative. 

1. Article 25 of the Mandate for Palestine provides as follows :— 

" In the territories lying between the Jordan and the eastern 
boundary of Palestine as ultimately determined, the Mandatory 
shall be entitled, with the consent of the Council of the League 
of Nations, to postpone or withhold application of such provisions 
of this Mandate as he may consider inapplicable to the existing 
local conditions, and to make such provision for the administra- 
tion of the territories as he may consider suitable to those condi- 
tions, provided no action shall be taken which is inconsistent with 
the provisions of Articles 15, 16 and 18." 

2. In pursuance of the provisions of this Article, His Majestv's 
Government invite the Council to pass the following resolution : — 

" The following provisions of the Mandate for Palestine are 
not applicable to the territory known as Trans-Jordan, which 
comprises all territory lying to the east of a line drawn from a 
point two miles west of the town of Akaba on the Gulf of that 
name up the centre of the Wady Araba, Dead Sea and River 
Jordan to its junction with the River Yarmuk ; thence up the 
centre of that river to the Syrian Frontier." 

Preamble. — Recitals 2 and 3. 



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11 

Article 2. — The words '' jjlacing the cuuiitry under such pt»hticiil 
administration and economic- conditions as will secure the 
establishment of the Je\\i.-h national home, as laid down 
in the preamble, and ". 

Article 4. 

Article 6. 

Article 7. — The sentence " There shall be included in tliis law 
provisions framed so as to facilitate the acquisition of 
Palestinian citizenship by Jews who take up their permanent 
residence in Palestine." 

Article 11. — The second sentence of the lirst paragraph and the 
second paragraph. 

Article 13. 

Article 14. 

Article 22. 

Article 23. 



In the application of the Mandate to Trans- Jordan, the action 
which, in Palestine, is taken by the Administration of the latter 
country, will be taken by the Administration of Trans-Jordan under 
the general supervision of the Mandatory. 

3. His Majesty's Government accept full responsibility as ]Man- 
datory for Trans-Jordan, and undertake that such provision as may 
be made for the administration of that territory in accordance with 
Article 25 of the Mandate shall be in no way inconsistent with those 
provisions of the Mandate which are not by this resolution declared 
inapplicable. 



I'liutod iiuUer tlw iuitl\orHy of Hih Majkktv's Stationhkv Okhck, 

By Harkison and sons, I.tp., 4<-47, St. ^fnHln'R Ijinc, l,oii<l<>n, W.C. 2. 

I'liiili iH ill Oidiiiiin' lo |!i^4 Miiji'sty. 

(H a/;i«7)T \Vf. 21;{SO-<)()7 :tM 12/22 H A .S M.l. OH 



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